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Social
Security Disability and Railroad Retirement Disability
Social
Security Disability -- If you have worked and paid social
security taxes for five out of the last ten years and have
become unable to work, you can apply for social security
disability benefits. We can help you file for disability, or,
if you have already filed, we can help you with all levels of
appeal. We help
get evidence and medical records from your doctors.
Social Security will usually not ask your doctor enough
to help you win your case, but we ask your doctors the right
questions to help prove you are disabled, and we take your
doctors’ answers to Social Security so you can win your
case. We can even take your case to Federal Court if
Social Security turns down all your appeals.
 How
do I apply for social security disability benefits?
File
an application. If
you have stopped working due to disability, and your
disability is likely to keep you from working for at least
twelve months, you probably should apply for social security
disability benefits.
Many
people choose to file an application first without an
attorney, and occasionally people win at the first step
without an attorney. Call the Social Security
Administration at 1-800-772-1213, wait for the option to speak
to a Social Security representative, and then tell the person
you want to file for social security disability.
Contact us at 1-800-945-4950 or go directly to our
nearest office if you want to hire us to help you file a
claim.
For
what types of disabilities can I get benefits?
We
have helped thousands of people with many different types of
disabilities get the benefits they deserve. We have
helped people with such disabilities as fibromyalgia, chronic
fatigue syndrome, mental disabilities, orthopedic injuries
(such as back and knee problems), severe arthritis, autoimmune
disorders, and many others.
The
Social Security Administration is supposed to consider all of
your impairments in combination to determine if you are
disabled. However, in 1996, Congress eliminated benefits
for people whose primary cause of disability is alcoholism or
drug abuse.
When
do I appeal if I am denied?
Appeal
as soon as you can. If
you have already applied and been denied, it is very important
for you or an attorney to appeal within the time limits Social
Security gives you. If you do not appeal on time, you
may have to start a new claim, and you may lose back-benefits.
Also, in some cases, you could be denied benefits altogether
if you do not appeal and too much time has gone by since you
stopped working. In
most cases, the appeal deadline is 60 days, but sometimes it
is 30 days or 15 days. Read
the notice or cover letter you get from Social Security very
carefully. If you
have any questions, you should contact our office as soon as
possible.
When
do I need an attorney for my social security disability case?
We
recommend you contact an attorney:
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If
you have not applied and are not sure what to do
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If you are
denied by Social Security at the first step
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If you have
appealed to the second step (called the Request for
Reconsideration) or the third step (called a Request for
Hearing)
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If
you are supposed to go before a social security judge (also
called an administrative law judge or ALJ)
-
If
you have already been before a judge and you were denied
-
If
you were ever denied previously
How
do I pay for an attorney if I am not working?
If
you are disabled and are applying for (or have applied and
been denied) disability benefits,
we will be glad to give you a free consultation, so you can
determine whether you want to hire us, and so we can review
your case.
Dale L. Buchanan & Associates, P.C. handles
almost all cases on a "contingency"
basis, which means you do not have to
pay any fee unless you win. With a contingency fee, an
attorney gets a percentage of a person's benefits, or a
minimum fee, but only if the person recovers benefits.
However, if we incur any costs in your case, such as paying
doctors for copies of medial records, you will have to pay the
costs, whether you win or lose; these costs are usually very
small compared to the benefits you can get if you win.
All of our social security cases are handled on a contingency
basis.
Railroad
Retirement and Disability
-- The railroad retirement system is similar to the social
security system. If
you have worked for a railroad or otherwise are covered by the
railroad retirement system, and are told that you are not
disabled, we can help you appeal your claim.
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